affair. new information about the emailed threats hs the plot thickens in the david petraeus affair. new information about the e- mail threats his former lover sent and why the fbi is searching her home. he's a very smart guy. very accomplished guy. >> and he is a guy that has some dark demons. >> a legendary name in silicone valley now being connected to a serious crime. why authorities want to talk to this man and why he says he'll stay in hiding. and the high-profile murder case on the peninsula thrown out. where authorities made their mistake allowing the suspect to go free. good evening, i'm dana king. >> i'm ken bastida. new details tonight in the david petraeus affair. the fbi is now pouring over evidence removed from paula broadwell's north carolina home.

the e-mails she sent to the director. cbs 5 reporter on what is becoming an increasingly sorted affair. liz? >> at first glance, the e- mails, they didn't look like a threat to the national security. mostly with the messages that are set from the jealous girlfriend. instead they uncovered an elaborate scheme that would lead to the resignation of the director and growing concerns over how much his mistress knew. joe kelly is a florida socialite. his biographer, paula broadwell, saw her as a romantic rival for petraeus' attention. broadwell sent kelly anonymous e-mails from a secret account that she and petraeus shared

access to. the source said that the e- mails were more cat fights than stay away from my man. when the fbi started poking around, they first thought someone had breached his private e-mail account. but it turned out that the agents had stumbled upon a secret communication system that petraeus and broadwell used to communicate with each other. some of the messages were sexually explicit. he would write an e-mail, he wouldn't send it, instead saving it to his draft folder. broadwell had his password and would log on and read the draft e-mail. that way there was never any record of any messages being sent. and that's how the fbi discovered their affair. in the meantime tonight, much is being made of this interview that he gave at the university of denver a few months ago. >> and now i don't know how long you have heard this. >> reporter: talking about embedded information on the

u.s. consulate in libya. they think it was an effort that is still being embedded. >> tonight, they report that the fbi agents have found classified information on broadwell's computer. >> and i do not know how she got that information. we should find out. i do not know why it is a rather confused situation. >> there is another twist to the story. the fbi agent who originally launched the investigation was taken off the case for sending the shirtless photo to jill kelly. as to what we're hearing from petraeus, he is set spending time with his family and his wife holly is said to be furious. breaking news out of oakland. they resigned a scandal involving the strip club.

at a bill for the houston club in 2008. the bill was submitted, but they were there with them. he was placed on paid leave last month. about an hour ago we learned he stepped down. we'll have more for you tonight on cbs 5. his name is synonymous with the anti-virus software. now john's name is on wanted posters in central america. we've got the strange story of the security guru now wanted for questioning in the murder case. >> reporter: the everyone they thought they knew is long gone. >> he's a very smart guy. very accomplished guy. >> he's a guy that has some dark demons. he took this photo, believed just a few months ago.

he says that he had deteriorated from the repeated use of the bath salts, showing the psych yachtic behavior. that allowed him to do whatever he wants. unfortunately it is sometimes being very destructive. >> reporter: on sunday they found the body in the neighbor's home shot in the back of the head. he has since disappeared and wanted for questioning. in fact tonight, he's been calling a reporter at wired magazine who tweeted that he just called now. i'm at depth in hiding. i'll do whatever it takes to stay alive. >> he's going to say until proven guilty. but he is a man who has frightened his neighbors. people are scared of him. from the sale of his company in santa clara. but the local police, they

later raided his home and seized these guns. looking for drugs, but the charges were later dropped. he gave an on-camera interview back in may. >> i'm a 56-year-old man who would never expect the armed soldier and police to storm into the property. >> reporter: he claims he buried himself up in the sand. >> is he capable of killing somebody? at this point i wouldn't put any limit on whether or not he is or isn't of. >> reporter: for the millionaire legend to the possible murder suspect, it is an ongoing and evolving silicone valley strategy. a man died tonight after crashing his pickup truck into the reservoir. is the man was weaving in traffic before hitting the guardrail and plunging into the

water. it all happened around 6:00. the truck was under 15 feet of water when they arrived. rescuers pulled a man about 65 to 70 years old from the cab, but he died at the scene. no one else in the vehicle. a crash on highway 4 tonight tied up traffic for miles. the chp said that the semi collided with the honda around 8th street. the truck spilled their cargo of canned goods and then caught fire. no one hurt, but traffic was backed up for miles in the westbound lanes. the road was cleared around 7:00. it was a murder that shocked the community. six months later, police had a confession, but now the case has been tossed out. cbs 5 reporter on what went wrong with that investigation. >> reporter: it was with great fanfare that police announced an arrest in the high-profile

murder case back in 2010. david lewis was gunned down while getting out of his car. and in front of family and members of his community rehab center, police announced his killer was childhood friend gregory of pittsburgh. now a judge has thrown out the murder charges, saying that police, they never read him his miranda rights. >> the real question is at one point when he was talking about wanting an attorney, whether or not the questioning should have stopped. the judge said it should have. it is something we don't agree with and that they conducted themselves properly. >> is it possible that police made a critical error here that they should have given him an attorney when he asked for it? >> police acted properly. >> he stunned police when he told them that he had information about lewis' murder. >> and not only did he have information, but he was the one who did it. the one who murdered david lewis in cold blood. >> reporter: the district

attorney said that he was not under arrest when he talked, and according to the u.s. supreme court, there was no obligation to read him his rights. >> he's the one that said all the way through i want to keep talking to you. he kept talking for several hours. and as the questioning proceeded, it became apparent that he had more than just information that he had information that only the killer could have had. >> reporter: the district attorney insists that the case is not over. >> we believe that we do have the right person who killed the victim and we are going to do everything we can to hold him accountable. >> well the d.a. says he has three options. appeal the ruling, refile the murder charges, or throw out the case. and he won't be doing that. he'll be making a decision on the next step tomorrow. linda yee, cbs 5. checking bay area headlines now. a small memorial marks the place in union city where a 21- year-old man was found stuffed in a garbage can. joshua gonzalez perez was found

unconscious in that can in front of a friend's house yesterday on 10th street. he was rushed to the hospital, but he died. police are checking out several tips about what happened. and they are still counting ballots for one of the san francisco supervisor seats. the two candidates in district 7 are separated by the slimmest of margins. late this afternoon, norman yee was leading by only 33 votes. the registrar said that they may not have a final result until the november 4 deadline. people wanting to enjoy a quiet thanksgiving are a little upset with one retail giant. >> target says they will kick off the holiday season, not only black friday, but on thanksgiving thursday. cbs 5 reporter mike sugerman on the backlash. >> we're on the lookout for a pair of burglars. >> reporter: this is a story of holiday freight. santa took care of them at home

alone. now this comes just after the dishes are put away on thanksgiving night. >> you know it's in the evening. and they love having something to do. >> reporter: consumer analyst was talking about the stores opening and offering deals now on thanksgiving evening, instead of waiting for the traditional early black friday morning. getting the heat for online shopping. >> then another group of consumers that sort of feel like it is sack religious, despite the fact it's not a religious holiday. >> reporter: but some employees who don't want to leave their families are fighting back. last year there was a petition on change.org to protest target's decision to open early. 100,000 people signed it. this year it is not just target that is the target. >> so far we have seen over 40 petitions started on our website. >> they said that if there is a store opening early there is a petition. >> yeah, not just target. target, wal-mart, probably best buy. yeah. >> and so what i have to sit here in front of a store on thanksgiving day to make sure

i'm first in line to get the good deals? >> you don't have to. >> deals are to be had thanksgiving night and black friday. retailers don't want to give you any excuse to stay home. >> it keeps me busy, extra pay, extra money. overtime. i love overtime. >> employees don't need an excuse either. mike sugerman, cbs 5. >> it is a wake up call for drivers. >> i don't really know why. i think i hit a barrier or a truck. >> setting up special patrols this holiday season. how they plan to catch drowsy drivers. it'll cost $1,300 to fix it. >> victims of super storm sandy getting slammed again. the painful reality of what the government and insurance won't do to help. good evening to you i'm meteorologist paul. the radar is crystal clear tonight. high definition radar picking up zero rain, but that will change big time in the extended forecast. find out when the soakers will

begin on a live look outside your forecast next.

reason. here's cbs 5 reporter ann the chp is cracking down on drowsy drivers and for good reasons. here is ann notarangelo. >> you catch yourself like not in your lane and not paying attention. it's not good. >> reporter: if you have driven for any length of time it's bad to have happened. do you start dozing off. and then? >> it is the worst thing. you feel the rumble strip. and then you just scare yourself over and over again. >> reporter: with the holiday road trips coming up, the chp is warning people about the dangers of being sleepy behind

the wheel. just as dangerous as being drunk. >> it's weaving outside of your lane. it's braking. >> reporter: it caused 3,600 injuries. i try not to, but i have. i'm not going to lie. >> reporter: in fact just last spring he was in an accident. >> on the freeway going to the store. and i hit a barrier or something. >> reporter: one of the reasons we might fall asleep behind the wheel, we feel so comfortable now in our cars. it's become our second home. they say that people need to be attentive to their drowsiness just like anything else in your vehicle. if you are getting sleepy, it is not just about downing caffeine or eating something. >> take the off ramp, get out of your car.

>> if you get pulled over by an officer that suspects you have been drinking, but you are really just tired, you could still get a ticket for a moving violation. after his accident, he might think that's a lucky break. >> i learned my lesson. >> in vallejo, ann notarangelo, cbs 5. the next time they make a lame joke about women drivers, you tell them this. women, they now outnumber men on the nation's roads. the study found that more women than men now have driver's license. and the study looked at the gender trends in the driver's licenses between 1995 and 2010. researchers say that the findings have safety and the economic implications. for example, women, they are more likely to buy smaller, safer, and more fuel-efficient cars. it's been two weeks since hurricane sandy hit the east coast. and tonight tens of thousands of people are still without power. cbs reporter on why that is not the worst of the story for some.

ann smith return the for the first time today. she flooded two weeks ago, waiting through the knee-deep water. >> when you look around this room, what goes through your mind? >> the effort. i never saw anything like it. >> reporter: and much of brooklyn's neighborhood looks as though sandy hit two days ago. 2/3 of the working class homes here were damaged or destroyed. like all her neighbors, still had no power, no heat. the 76-year-old was stunned by what the fema instructors are giving her to cover all repairs. $1,700. >> but $1,700 isn't even close to what they need? >> no. i have lived here all my life. it is ridiculous. how could $1,700 fix this? >> reporter: the scale of the recovery has brought 64,000 utility crews from as far away as california and canada. >> it is probably more damage

than i have ever seen. >> a supervisor was a part of the wave of the utility workers flown in by the military to restore power. and in many areas, crews have to go house to house, inspecting the fuse boxes and the circuit breakers. any damaged ones have to be replaced or risk an explosion. >> mother nature is a lot stronger than you can build. the good thing is we can put it back up. >> what's the hardest thing to look at? >> all of it, the whole thing. >> reporter: smith is one of 150,000 homeowners who filed a sandy-related insurance claim. she had no flood insurance, so her carrier is only giving her $5,000. >> i want my home fixed. i want to be able to live here. i don't want to move out. i don't want to go some place strange and start all over. >> reporter: they hope that 50 license inspectors will go through the neighborhoods replacing the corroded fuse boxes. fema would pick up the charge. but no one knows when heat and light will return to this

community. cbs news, brooklyn, new york. all right, it is weather time and we have a chilly evening, just like the past several, but not as cold as we have been because of the high thin cloud covers coming in. like a blanket on top of us. a big temperature spread too. oakland at 67. san francisco, 65. but 40s elsewhere including concord and santa rosa. san jose, 49. now this is what you'll wake up to tomorrow morning. chilly, livermore 41. but the low 50s for san francisco. redwood city 46. mountainview tomorrow morning 46 degrees. here's the set up and the atmosphere area, keeping us dry for three more days. so what you had today weather wise, it is similar to what you're going to have for the next couple of days. right on the northern fringe of this area, cloud cover from time to time. working their way. a couple fronts. only about 100 miles north of us. it'll be pleasant outside. highs in the 60s with the big h behind me, keeping the rain all

the way on through thursday. and deep and strong area of the low pressure, it will move on in. it will stick around for about four to five days. starting on friday, lasting into next week. and so once we get wet, we're going to stay wet, but we're going to stay dry for the next couple of days until they get here on friday. right now the weekend, making plans for next weekend, pretty showery. highs tomorrow, upper 60s. 67. concordat 67 -- concord at 67. san rafael 68. and partly to mostly sunny skies. we'll stay mild on wednesday and thursday and dry and with partly sunny skies. but here comes the change starting on friday. lasting through the weekend. and now likely into next week. that's four straight days with at least a chance of rainfall and likely an inch of rain all total by the top of next week. and that is your cbs 5 forecast. >> all right, thanks, paul. and the downside of measure

d. >> i was working 40 hours. and my boss wanted to cut my hours. >> why a higher minimum wage is going to cost them. #úfó

employees. both sides returned to the bargaining table over the weekend...but still no resolution. the commercial walked out a both sides return to the bargaining table over the weekend, but still no resolution. they walked out a week ago when management refused to back off the reduction in the health benefits. the biggest sticking point remains the elimination for the retirees. they also qualified for medicare. it might be hard to believe, but they are unhappy with the pending hike and the minimum wage. they approved voter d to give them a big raise to $10 an hour. and one restaurant owner tells cbs 5 that it is $2 more an hour and it will mean lay off. >> that will be $4,000 every two weeks. which comes out to the math.

almost $100,000 a year. and we have to cut some hours just to make a profit. >> supporters dismiss the complaint saying more money in their pockets will be good for the economy. the minimum wage hike takes effect next year. another game went to overtime tonight. did it end in a die? will alex smith play next week? that'll be coming up next.

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49ers quarterback alex smith status against chicago next monday night is in question. good news: coach after suffering a concussion, alex smith's status against chicago next monday night is in question. that's the good news. jim hear baa is encouraged by their progress, after suffering the concussion on the fourth down quarterback sneaking into the quarterback of yesterday's game. they finished the big drive

with michael crabtree. but he did not return to the game after that. he will have a series of test where he will need to pass them all before he is cleared for next week. monday night football. and they will make that one- handed grab to tie the game at 10. and the third quarter, they get sacked. living up the ground, injured their shoulder. he would lead the game and to go to the hospital for the mri. they would be tied at 13 and then 23 yards field goal for 55 seconds into overtime. we need to win it folks. this guy is to years old. he won the national league award for the american league angel's mike trout. now, how many times did we see him do just that? that is a player who wins the american league award. and you'll put it there where they finished in second place. >> exactly. the rookie of the year.

he could be the mvp. we will find out. they will win it in the national league. >> i hope so. >> all right, we're coming back at 11:00 on cbs 5. ,,,,